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MARION MERRELL DOW ANNOUNCES SETTLEMENT WITH GENERIC MAKER ON LOOK-ALIKE TABLETS

 KANSAS CITY, Mo., Nov. 16 ~PRNewswire~ -- Marion Merrell Dow Inc. (NYSE: MKC) today announced the settlement of litigation with Copley Pharmaceuticals Inc. regarding the color and shape of Copley's generic version of Marion Merrell Dow's Cardizem(R) (diltiazem HCl) tablets.
 Marion Merrell Dow filed suit recently in the U.S. District Court in Philadelphia against Copley. In the lawsuit, Marion Merrell Dow asserted that Copley's tablets infringed Marion Merrell Dow's trade dress (color and shape) for Cardizem tablets, which patients and physicians have trusted for 10 years for treatment of angina (chest pain due to insufficient blood flow to the heart).
 Copley denies any infringement of the rights asserted by Marion Merrell Dow. Copley had filed suit in the U.S. District Court in Boston seeking a declaration that Marion Merrell Dow had no protectable trade dress rights for Cardizem tablets and that Copley had not infringed any protectable rights.
 The parties agreed to settle both suits without further litigation. Copley agreed to change the colors of its tablets prior to Dec. 1, 1992.
 In addition to Cardizem tablets, which patients take three or four times a day, Marion Merrell Dow's cardiovascular medications include Cardizem(R) CD, for convenient once-a-day treatment of angina or hypertension (high blood pressure); Cardizem(R) SR, for twice-a-day treatment of hypertension; and an intravenous form, Cardizem(R) Injectable, for control of heart rate in certain conditions.
 Marion Merrell Dow is a research-based global pharmaceutical organization dedicated to improving the longevity and quality of human life. The company is involved in the discovery, development, manufacture and sale of pharmaceutical products worldwide. In 1991, Marion Merrell Dow had sales of $2.85 billion and invested nearly $400 million in Research and Development.
 -0- 11~16~92
 ~CONTACT: David M. Thompson or Richard M. Johnson of Marion Merrell Dow, 816-966-4000~
 (MKC)


CO: Marion Merrell Dow Inc.; Copley Pharmaceuticals Inc. ST: Missouri, Pennsylvania IN: MTC SU:

MC -- DV009 -- 1418 11~16~92 15:34 EST
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Date:Nov 16, 1992
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